Davis alleged that since voters overturned Michigan’s emergency manager law, Public Act 4, Roberts—appointed under that law in 2011—needed to go.

But the Court of Appeals found that a prior law—Public Act 72—that gives Roberts and other emergency financial managers more limited powers still stands. Davis said he will appeal the decision to the Michigan Supreme Court.

It’s unclear whether Roberts will stay on, though. He had said before the election he would likely resign if the emergency manager law was voted down.

Roberts spokesman Steve Wasko said Roberts will try to make his more limited role work, but it’s “premature” to say whether he’ll resign.